Virginia (VA) law guide
Quick answer
Virginia limits security deposits to 2 months' rent and requires landlords to return them within 45 days of move-out. The state has no statewide rent control, and landlords must give tenants a 5-day pay-or-quit notice before filing for nonpayment eviction. Landlord entry requires at least 72 hours' written notice for non-emergencies.
Security Deposit Limit
2 months' rent
Deposit Return Deadline
45 days after move-out
Statewide Rent Control
None
Nonpayment Eviction Notice
5-day pay-or-quit
Virginia rental market snapshot
Population
8.8 million
Renter households
About 34%
Median rent
~$1,650/mo for a 2BR (2024)
Largest rental markets
Northern Virginia / DC suburbs, Virginia Beach / Norfolk, Richmond, Roanoke, Charlottesville
Virginia rents rose roughly 26% over four years through 2025, with Northern Virginia commanding the highest rates in the state. Nearly half of Virginia renters are cost-burdened, spending more than 30% of income on housing.
Virginia caps security deposits at 2 months' rent (Va. Code Ann. § 55.1-1226). Landlords may collect a deposit for any rental unit covered by the VRLTA.
Landlords must return the deposit, with an itemized written statement of any deductions, within 45 days after the tenancy ends or the tenant vacates, whichever is later. Failure to do so can forfeit the landlord's right to keep any portion of the deposit.
Virginia has no statewide rent control; landlords may raise rent by any amount with proper notice. For month-to-month tenancies, landlords must give at least 30 days' written notice of a rent increase.
Late fees may not exceed 10% of the monthly rent (or 10% of the overdue balance, whichever is higher) and cannot be charged until rent is at least 5 days late under the VRLTA. There is no statewide grace period beyond that threshold.
For nonpayment of rent, the landlord must serve a written 5-day pay-or-quit notice before filing an unlawful detainer action in General District Court.
For other lease violations, the landlord must provide a 30-day written notice to remedy or vacate. If the tenant fixes the violation within 21 days, the eviction is stopped. Repeat violations within 12 months allow the landlord to skip the cure period.
Landlords must give tenants at least 72 hours' written notice before entering a unit for inspections, repairs, or showings. Entry must occur at a reasonable time.
In a genuine emergency (fire, burst pipe, gas leak), the landlord may enter without notice. After an emergency entry, the landlord should notify the tenant as soon as practicable.
Virginia law requires landlords to maintain rental units in a habitable condition, including working heat, plumbing, electrical systems, and structural integrity. This duty cannot be waived in the lease.
Landlords may not retaliate against a tenant for exercising a legal right, such as complaining to a housing inspector or joining a tenant organization. Retaliation is presumed if adverse action is taken within 90 days of a tenant's protected activity.
Virginia follows the federal Fair Housing Act and adds source of income as a protected class under state law, prohibiting landlords from refusing to rent to tenants using housing vouchers. Other protected classes include race, color, religion, sex, national origin, disability, elderliness, and familial status.
Tenants may legally break a lease without penalty for active military deployment (under the Servicemembers Civil Relief Act), uninhabitable conditions the landlord fails to fix, or domestic violence situations. Outside these exceptions, a tenant who breaks a lease early typically owes rent until a new tenant is found, though the landlord has a duty to mitigate.
This guide is general information, not legal advice. Governing statute: Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code Ann. Title 55.1, Chapter 12. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Virginia FAQ
**45 days** after the tenancy ends or the tenant vacates, whichever is later. The landlord must include an itemized written list of any deductions. Missing this deadline can forfeit the landlord's right to withhold any amount.
No, Virginia has **no statewide rent control**. Landlords may raise rent to any amount but must give at least **30 days' written notice** for month-to-month leases. Some localities like Arlington County have adopted limited local rent stabilization for qualifying properties.
At least **72 hours' written notice** is required for non-emergency entry such as repairs, inspections, or showings. In a genuine emergency, the landlord may enter without notice.
The landlord must first serve a **5-day pay-or-quit notice**. If the tenant does not pay or vacate, the landlord files an unlawful detainer in General District Court. A hearing is typically scheduled within 21 to 30 days. Self-help evictions are illegal.
No. Late fees are capped at **10% of the monthly rent** (or 10% of the unpaid balance) and cannot be charged until rent is at least **5 days late** under the VRLTA. Any fee beyond that amount is unenforceable.
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